HomeMy WebLinkAbout2012-4544.McCool et al.15-01-28 DecisionCrown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB#2012-4544, 2012-4545, 2012-4546
UNION#2013-0234-0019, 2013-0234-0020, 2013-0234-0021
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(McCool et al) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Felicity D. Briggs Vice-Chair
FOR THE UNION Nick Mustari
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Greg Gledhill
Treasury Board Secretariat
Centre for Employee Relations
Employee Relations Advisor
HEARING January 14, 2015
- 2 -
Decision
[1] The Employer and the Union at the Maplehurst Correctional Centre agreed to participate
in the Expedited Mediation-Arbitration process in accordance with the negotiated
Protocol. Some of the grievances were settled through that process. However, a few
grievances remained unresolved and therefore require a decision from this Board. The
Protocol provides that decisions will be issued within a relatively short period of time
after the actual mediation sessions and will be without reasons. Further, the decision is to
be without prejudice and precedent.
[2] A number of grievances were filed by Classified Correctional Officers who claimed that
the Collective Agreement is violated on an ongoing basis in those instances when they
work with fixed term COs who have retired from MCSCS. The violation occurs because
those fixed term COs are receiving a percentage in lieu of fringe benefits while at the
same time have some retiree benefits and therefore receive a higher amount of
compensation. It was felt by the grievors that they should receive the same “total
compensation” amount. It was urged that this is a matter of equal pay for equal work. The
grievance stated, in part:
My employer ….. has not treated me in a fair and equitable manner (sic)
related to “equal pay for work of equal value”. My employer has paid in
the past and continues to pay “retirees” that have returned to ministry
employment as a “fixed term employee” in the same classification, a
premium of 14.6% upon their regular wage in lieu of
benefits/holiday/statutory holiday pay even tough (sic) the retiree receives
benefits paid by the Ministry and does not work full time hours.
[3] Further discussion about this matter revealed that the grievors are concerned that the
retired COs now working as fixed term employees are “double dipping” because they get
benefits as the result of their pension entitlements and an amount of money “in lieu of
benefits” as the result of working in a fixed term capacity. By way of remedy the grievors
requested that the Employer “cease and desist” the payment of percentage in lieu to fixed
term COs who have retired from the Ministry.
- 3 -
[4] The grievances are denied. Simply put, there is no violation of the Collective Agreement.
The grievors and the fixed term Correctional Officers are being paid at the rate set out in
the Collective Agreement for their classification and employment status.
Dated at Toronto, Ontario this 28th day of January 2015.
Felicity D. Briggs, Vice-Chair